INTERPRETATION ACT 1984 - SECT 43
INTERPRETATION ACT 1984 - SECT 43
43 . Power to make subsidiary legislation, general provisions about
(1) Subsidiary
legislation shall not be inconsistent with the provisions of the written law
under which it is made, or of any Act, and subsidiary legislation shall be
void to the extent of any such inconsistency.
(2) Where any
subsidiary legislation purports to be made in exercise of a particular power
or powers, it shall be deemed also to be made in exercise of all powers under
which it may be made.
(3) It shall be
presumed, in the absence of evidence to the contrary, that all conditions and
preliminary steps precedent to the making of subsidiary legislation have been
complied with and performed.
(4) Where a written
law confers a power to make subsidiary legislation, it shall be deemed also to
include a power exercisable in the like manner and subject to the like
conditions (if any) to amend or repeal any such subsidiary legislation.
(5) Where a written
law confers power on a person to make subsidiary legislation for any general
purpose and also for any special purposes incidental thereto, the enumeration
of the special purposes shall not derogate from the generality of the powers
conferred with reference to the general purpose.
(6) Subject to
section 3(3), regulations, rules, local laws or by-laws made under a power
conferred by an enactment passed after the commencement of this Act may
provide that contravention of a provision thereof constitutes an offence and
may provide for a penalty in respect of such a contravention not exceeding a
fine of $1 000.
(7) A power to make
subsidiary legislation may be exercised —
(a)
either in relation to all cases to which the power extends, or in relation to
all those cases subject to specified exceptions, or in relation to any
specified case or class of case; and
(b) so
as to make, as respects the cases in relation to which it is exercised —
(i)
the same provision for all cases in relation to which the
power is exercised, or different provision for different cases or classes of
case, or different provisions for the same case or class of case for different
purposes of the legislation; or
(ii)
any such provision either unconditionally or subject to
any specified condition.
(8) Subsidiary
legislation may be made —
(a) so
as to apply —
(i)
at all times or at a specified time;
(ii)
throughout the State or in a specified part of the State;
and
(b) so
as to require a matter affected by the legislation to be —
(i)
in accordance with a specified standard or specified
requirement;
(ii)
approved by or to the satisfaction of a specified person
or body or a specified class of person or body;
and
(c) so
as to confer a discretionary authority on a specified person or body or a
specified class of person or body; and
(d) so
as to provide, in a specified case or class of case for the exemption of
persons or things or a class of persons or things from the provisions of the
subsidiary legislation, whether unconditionally or on specified conditions or
conditions additionally imposed and either wholly or to such an extent as is
specified or otherwise determined.
(9) In subsections (7)
and (8) specified means specified in the subsidiary legislation.
[Section 43 amended: No. 14 of 1996 s. 4.]